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alisa

12-27 01:44 AM

Look at this way...

Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.

The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.

Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks. Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.

As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.

The Key questions are a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)

It attracted US's attention and just forces Pak Military to do more and more..

With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.

When a war breaks out,

Tension on the Eastern border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else. It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'

I agree with you to a great extent. The Pakistani society is fractured right now, and there is nothing to unite the country than a conflict with India.

Where I disagree with you is when you think that this is the calculus of the Pakistan army. I think the senior army (and civilian) leadership in Pakistan knows the Kargil episode too well. Kargil is fresh in their memories, and they know that a conflict with India is not worth the costs. Plus, if we are to assume that the Pakistan army was behind the 2001 Parliament attack, then again we know that the Pakistan army had to back down that time too....So, unless the Pakistan army is run by Beavis and Butthead who repeatedly touch a hot object and go 'ouch...ouch....ouch...ouch...ouch...', there is no reason for them to do this.....

So I think, that its the militant elements that are being squeezed by the Pakistan army and NATO, and not the the Pakistan army, that pulled this off. (I must also add that I have a bias to believe that; thats just natural.) Everytime we see Indian and Pakistani relations improving, something blows up somewhere, and things are back to square one.

I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight from India to US and it impacted me profoundly. Man, "Enough is enough"...

Peace, G

I wonder if you attribute any of that to the media coverage of the event. Especially the 'live tv' aspect of it. I don't think a bomb blast with the same number of casualties would have had this much impact. I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....

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waitnwatch

05-24 12:03 PM

Communique,

I would like to differ on the point of keeping H1-B numbers constant. To hire a H1-B a company has to show that they didnot get a US citizen with even the minimal qualifications for that particular job. Also the salary for the job has to be certified by the Department of Labor as at least the market rate if not higher. Under this scenario why should there be this artificial and arbitrary limit. Again most of the numbers nowadays is being picked up by the consultants so if a regular company like say Caterpillar wants to hire an engineer the numbers are just not available.

While you do make a statement supporting no change in the numbers you justify your point by pointing to salary stagnation. Can you show a direct correlation between H1B and salary stagnation. I would more likely point to outsourcing as being more relevant to salary stagnation. If companies have a hard time hiring they would be more prone to outsourcing and it is always better to have a salary stagnated job in the US than not having the job at all.

Finally about Lou Dobbs..... I have much better use for my time than watching him. His journalism is worse than tabloid journalism though I have the suspicion that he may have an eye on joining the National Enquirer after immigration is done as he would have nothing more to say to his current audience.

My two cents!

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funny

09-30 01:52 PM

I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

I am here legally in this country from Sept 2000. Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.

Correct me if i am wrong, But, The general feeling that i am getting from this whole discussion is that, If Obama becomes the next President and if his Buddy Se. Durbin is driving the immigration issues then , Are they going to scrap all the pending Employment Based GCs, and, all the People who have already used AC21 will be in trouble, thats like starting the whole thing over again.

I personally think that this will not be the case and the new laws will be applicable to the new applications, because, when you invoked AC21 you did it according to the law, how come you will be in trouble because of a new law.

Its like saying , If a crime of theft is going to have a Death panelty starting 2010, then all the convicted people from past will be hanged in 2010." That somehow doesn't sound right...I would like to get opinion from other people.

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sroyc

10-01 11:38 AM

Irrespective of who wins, the state of the economy will decide whether immigrant friendly bills will be passed by the Congress. When the times are good, when most Americans are happy with their jobs, very few people will spend their time opposing bills that favor us.

I've a very pessimistic view of the next 2 years. Most of the growth in the last 6-7 years was fueled by debt. Bailout or not, there will be more regulation on lending practices and consumers will find it harder to use their credit cards or home equity line of credit to buy things they really don't need. By some estimates, consumer spending accounts for 60-70% of the GDP, so you can imagine that any slowdown in spending will have a significant effect. I think that recovery from this downturn will be slow and painful. The only thing that can give the economy a huge boost is rapid growth in a new industry like green energy. It won't be easy to switch to green technology because of the strong hold of lobbyists from traditional energy companies over the Congress and it'll take a lot of political will and government spending to spur the green revolution. Will that happen under Obama or McCain? I've no clue. At least Obama has a plan to invest 15 billion dollars a year on renewable energy for the next 10 years.

Meanwhile, I'm not holding my breath for another immigration bill. It's time to explore opportunities in other countries - India/Singapore/China/U.K./Canada/Australia.

I'm sure some of the readers would already know what I'm saying in my post and like many of them I almost stayed away from posting but for the benefit of those few ( even if it's one person) who might wonder if Gita could have been doctored I decided to share what I know .Again I felt the need to post because the idea was brought up by Sanju(NO..I'm not accusing you Sanju...nor 'm I preaching Gitaism here.Again it's just for the benefit of that few sincere folks...others can stick to Sanju's version...no harm.)

Hindu society all through the monarchical times was blessed with Enlightened Masters who willfully(for a person who had realized the ultimate truth material positions don't matter) served as subordinates (Mahamantri, ,Rajguru )to the Kings .

These enlightened gurus were the protectors of some of our scriptures(just some because many of the scriptures were outside the intellectual realm of many kings no matter how powerful they were) be it shastras,stotra or sutras.

Now before one goes on a spin with these enlightened masters let me also remind everyone that none of the great works are patented or owned by any king or master(unlike in some societies). They did truly protect our scriptures so they can be passed on to us, leaving these great works for use/abuse (based on the individuals intelligence/intention) popular examples in today's world being yoga/kamasutra (both are great spiritual mechanisms but are greatly misused so much so that one can't name (one of them) without feeling wee bit embarrassed).

If one was to trace the evil practices like caste system they wouldn't find the roots in any of these scriptures. Now these evil practices, I would say were doctored/cooked up by people/kings, but Hindu scriptures were out of the reach of these people.

These scriptures are wired in such a way that to change them one needs to be highly evolved(not just highly educated or filled with dry intelligence) , to understand them one needs to be sincere seeker not professional seeker.

Also Vedic Culture which is way of life, a civilization got reduced to mere religion only after foreigners came to Bharatavarsha (although the basic pillars remain the same..dharma , karma ...)

Thank you.

oh, ya! So just because you follow a specific faith, it has got to be pious, and books of other religions have been doctored. There is nothing new to this view. Every man on this planet adheres to this view.

You see, every book has been changed during the course of human history. It doesn't mean that they were tottaly changed, but in a way there have been elements added and deleted from these books. So there are parts of these books which are good and teach us to love all of humanity and our sorroundings, then there are those parts in each such book, and those parts have been very carefully added by thugs and cheats during the period of time, such that they could keep control and grip on the comman people and at the same time spread their religion/world view. Anything that remotely peaches hate towards anyone cannot be the word of "God", whether it calls people of other religions as Kafirs ordering to kill them, or, whether it calls "non believers" as evil going to helll, or if it implements caste system. They are all the same. The true nature of the supreme being, the creator, is nothing but love and every thought in contradiction to the nature of supreme being is plain false. And older the religion, more the chances of that religion getting docotered by greater number of kings.

You have reasons to accept that these books have been doctored but your ego is not letting you accept that things you have believed in your life could be wrong. Thats not just your problem, any person following any religion has the same problem.

It is your responsibility that you don't pass on this disease on the mankind called religion, to your next generation. For too long the progress of minkind have been hindered by this disease. The progress you see in 21st century is not because of religion, but inspite of it. 99% of all inventions from Tesla's AC current to the first flight of Wright brother, they were all conducted in the country where there is separation of state and religion. I bet you, if religion was part of the consitution of US, no progress would have been possible.

Its time to shed your ego that my religion is pious and others religions are wrong because all oraganized religions are wrong. And even if you want to lean against some religion, try to question every part of every religion that is peached and see it with a critical view. it will become easier for you to separate the diamonds from the dunghill.

He said that average productivity of an american is greater than the productivity of 3-4 Asians and then went on to ask, why is then corporate american sending jobs outside of united states?.

If i was in front of Dobbs on TV show, this is what i would like to say.

"The avergae salary of an american is more than the average salary of 3 to 4 asians and this is one of the many reasons why corporate america is sending jobs to Asia."

In an economic slow down, productivity VS saving money, saving money always wins. Even though cheap labor was the reason for out sourcing, now it is apparent that availability of talented pool is the reason to continue outsourcing.

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BumbleBee

03-24 02:41 PM

Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries. I am telling you the same thing I told the other guy .... you don't need to give me justifications.

Hamas has to be blamed for civilian deaths as well. Current propaganda by them portrays Hamas as innocent and puts all blame on Israel. Hamas has a history of using civilians as human shields. They are cruel even to their own people.

see these to believe.

http://www.youtube.com/watch?v=g0wJXf2nt4Y

http://www.youtube.com/watch?v=kBYtij4Q7sE

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03-24 05:59 PM

Thanks UnitedNations for this discussion.

In the booming years of 99-00 you could see all these consulting companies having a ball. Personally I have seen people with no relevant skill set getting h1's approved in a totally unrelated job profile. I even have come across staffing companies who have hired recruiters as "business analyst's", now its highly unlikely that these companies could not find recruiters here. But the system was getting misused rampantly. I have had experience with companies who with collusion of someone inside a company "snagged" portion of revenue from a contract. It wasnt common for 3-4 companies to act as middleman's ("layers") the final employee who actually worked getting literally peanuts share of the contract amount. I think this still happens today from what I have heard from my friends.

USCIS had to respond in someway or the other. I am happy that they did but on the other hand I feel sorry for their employees who are probably innocent "collateral damage" victims

It makes me very uneasy as who knows what USCIS will come up with next. The longer our wait is there is a potential for more scrutiny and who knows what pitfall awaits us lurking somewhere where we least expect. Just because people misused the system we are all going to face the consequences.

Yesterday Lou Dobb said on his show that he wants the borders and ports to be secured first and then talk about illegal immigration.

It seems that he acknowledges that 11 million people will have to be given some sort of visa or they will remain in the country and no one will be able to do anything about it without spending billions of dollars.

Thats an interesting change in his strategy.

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chanduv23

03-25 01:48 PM

UN, Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

Thanks very much, as always.

I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D

Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.

Whether you like it or not legalization will affect all petetions . If you know enough about 245i provision you would understand how it affects every one legal or illegal or skilled or unskilled . Its not about when an undocumented person will get his GC , even making so many people eligible for filing applications itself will make things worse. Imagine how long it will take for issue of receipt notices for all these petetions . If you think legalization will not affect your green card petetion processing then you are simply dreaming.

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unitednations

08-02 06:58 PM

this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months? Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.

There are certain members who are intransigent about their support for the Durbin-Grassley bill.

Majority of them are supporting Durbin-Grassley not because they believe that consulting a lower kind of work compared to full-time employment but because they have themselves never felt the need for consulting companies.

Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

So enjoy the good times and take potshots at consultants while you can afford to.

Well said Riva2005!

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DoNotWorry

04-13 09:41 AM

I agree fully on this. Working/staying more hours at office does not mean, he/she is "really working"

I saw some people, get used to this trend and ignore their families, pity on them!!!!

When in college students used to rag others just because they were ragged when they joined the college. It�s not because they want to, it is just because they went through it. Indian software companies are just like, I worked enough in software industry and I have even been on call 24 hours but the truth is, it was never 12 hours or 10 hours work every day. Yes, occasionally I had 12 hours work which is the same in every industry and I used to get calls in the middle of the night at least once or twice during the night, but its not 10 hours work everyday. We want to impress our boss by working 10 hours, that�s the truth; it�s not that your boss wants.

Similarly, in India people go to work on Saturday not because they have work but to show their face to their PM. Even if God comes down and says that people in India work 10 hours everyday, I cannot believe it. They might be in office for 10-12 hours but that does not mean they are working. It is the people who should be blamed for this. Yesterday�s programmer or today�s PM, and they expect the programmer to be there in the office for 10 hours just because they went through it. I am an ex TCSer, things worked exactly as I said. It is never going to change. All these talks about stress and coding 10 hours straight come on.....:cool:

Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)

A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.

On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.

Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.

I hope this sounds logical to atleast some of you folks.

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sanju

05-15 05:42 AM

hey guys,

M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

Section 2(e) Prohibition of Outplacement 1. Employer cannot place, outsource, lease, or otherwise contract for the placement of an employee on H-1B. (This prohibits any consulting work for an employee on H-1B). 2. This applies to all the application filed after the enactment of this bill.

Does it mean that all existing consulting work will also be in danger??

YES

M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??

YES

Durbin-Grassley going after 9 firms.

http://www.team4news.com/Global/story.asp?S=6514384&nav=0w0v

U.S. Senators question companies about visas

Two US senators are questioning several companies about their use of a visa program for highly skilled workers. Senators Chuck Grassley of Iowa and Dick Durbin of Illinois are focusing on nine companies -- several of them foreign-based. Those companies used nearly 20,000 of the 75,000 H-One-B visas that were available last year. H-One-B visas are for high-skilled workers and are heavily used in the high-tech industry. The industry has long complained that too few visas are available. Grassley and Durbin, both on the Senate Judiciary Committee's immigration subcommittee, sent letters to the nine companies asking questions about visa use, wages and layoffs. The top users were identified with statistics from Citizenship and Immigration Services. The letters, posted on Grassley's Web site, were addressed to:

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svn

03-31 07:27 PM

USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747

PD_Dec2002

07-07 08:56 PM

Hi, I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience. and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working. We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it, citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP. Did anyone face similar situation .Any suggestions are welcome.

Sad to hear your story. Talk to an attorney ASAP. Maybe to several attorneys to get different opinions and perspectives. Time is of the essence in you case. Contact a financial planner/realtor as well to see what you can do about your house payments.

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